AN ACT Relating to residential services for developmental disabilities clients; amending RCW 71A.12.030 and 71A.20.080; adding a new section to chapter 71A.18 RCW; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature intends to expand and support the choices for families of developmentally disabled people eligible for residential services. The legislature recognizes that community programs offer significant advantages for developmentally disabled people. Community programs provide greater opportunities for participation and presence of developmentally disabled people in community life, which contributes greatly to the quality of their lives. The legislature's goal is that the quality of residential care staff of community agencies be reasonably consistent with that of residential habilitation centers. The legislature expects that local communities will participate in the support of community agencies with financial and other support.

The legislature recognizes that some families are interested in having state operated community programs available. This is a major policy change, and the legislature intends that the department experiment carefully with this option to determine its relative benefits in terms of safety, cost, and quality of care and opportunities for participation in community life for developmentally disabled people.

Sec. 2. Section 203, chapter 176, Laws of 1988 and RCW 71A.12.030 are each amended to read as follows:

The secretary is authorized to provide, or arrange with others to provide, all services and facilities that are necessary or appropriate to accomplish the purposes of this title, and, except as limited by section 4 of this act, to take all actions that are necessary or appropriate to accomplish the purposes of this title. The secretary shall adopt rules under the administrative procedure act, chapter 34.05 RCW, as are appropriate to carry out this title.

Sec. 3. Section 708, chapter 176, Laws of 1988 as amended by section 143, chapter 175, Laws of 1989 and RCW 71A.20.080 are each amended to read as follows:

Whenever in the judgment of the secretary, the treatment and training of any resident of a residential habilitation center has progressed to the point that it is deemed advisable to return such resident to the community, the secretary may grant placement ((~~on such terms and conditions as the secretary may deem advisable~~)) after consultation in the manner provided in RCW 71A.10.070. The location and terms of such placement shall be consistent with section 4 of this act. The secretary shall give written notice of the decision to return a resident to the community as provided in RCW 71A.10.060 and to all county developmental disability boards. The notice must include a statement advising the recipient of the right to an adjudicative proceeding under RCW 71A.10.050 and the time limits for filing an application for an adjudicative proceeding. The notice must also include a statement advising the recipient of the right to judicial review of an adverse adjudicative order as provided in chapter 34.05 RCW.

A placement decision shall not be implemented at any level during any period during which an appeal can be taken or while an appeal is pending and undecided, unless authorized by court order so long as the appeal is being diligently pursued.

The department of social and health services shall periodically evaluate at reasonable intervals the adjustment of the resident to the specific placement to determine whether the resident should be continued in the placement or returned to the institution or given a different placement.

NEW SECTION. Sec. 4. A new section is added to chapter 71A.18 RCW to read as follows:

(1) (a) After the effective date of this act, the department shall meet the following requirements when placing developmental disability clients in community residential facilities or county residential support from residential habilitation centers:

(i) Placement shall not occur until the department has provided three months' notice to county disability boards as required by RCW 71A.20.080.

(ii) County developmental disability boards shall collaborate with private service providers to develop and submit to the department proposals for placement of the client.

(iii) If more than one county developmental disability board submits a proposal for placement of a client, first priority shall be given to the county in which the client or the client's family or guardian is residing or was most recently residing.

(iv) If no county developmental disability board submits a proposal for placement of a client, the department may place the client in a residential facility that is staffed by employees of the department.

(v) Cost of placement in facilities at the county level shall not exceed the cost of care at a residential habilitation center.

(vi) Before a client is placed in a facility, the facility must be licensed under this title.

(b) No more than twelve developmental disabilities clients may be housed in residential facilities, other than residential habilitation centers, staffed by employees of the department.

(c) The legislative budget committee shall develop a plan and contract for an independent evaluation of this subsection (1), within funds provided by the legislature for this purpose. The assessment shall be completed with a final report to the legislature by December 1, 1991. The report shall document the department's compliance with this section and compare the cost and quality of state-operated and community-operated placements developed under this section.

(2) (a) The department shall designate six regional parent choice districts encompassing the state. In doing so, the department shall use the boundaries of the regional structures in place for the community services administration on January 1, 1988.

(b) The department shall request that a lead county within each region, which shall be the county with the largest population, prepare and annually update, through a cooperative effort of local health departments within the region, a directory of all services available within the region for developmentally disabled persons. The directory shall be mailed annually to the parent or guardian of every developmentally disabled person in an institution whose parent or guardian resides in the region.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.